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HomeMy WebLinkAbout310813 LARIMER & WELD IRRIGATION COMPANY - PURCHASE ORDER - 9146927Fort Collins Date: 11/25/2014 PURCHASE ORDER Vendor: 310813 LARIMER & WELD IRRIGATION COMPANY PO BOX 206 EATON CO 80615 PO Number Page 9146927 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/25/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price r EASEMENTS L 8 P CROSSING FEE 2 EASEMENTS WASTEWATER CROSSING FEE City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasinq@fcgov.com 1 LOT LS 1 LOT LS 15,000.00 15,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCLU.DETAIIS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local tasty. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60005 W is registered with the Collector of lawroul Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to mad specifications, either when shipped or due to defects of damage in transit, may he rdumW to yam for credit and art nor m b, replaced except upon receipt of written imwctions from the City of Fart Collins. Inspection GOODS are subject to the City effort Collins imitation on sandal. Final Acceptance. Receipt of the merchandise, sourvirea, or equipment in response to this order can result in authorized Payment on the pan of the City of Fort Collim. However, it is to be understood dot FINAL ACCEPTANCE is dependent upon completion ofall applicable required imputing procedures. Freight Terms. Shipments must be F.O.B., City of Fon Collins, 200 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must zccoequo, invoice. AMuma l charges for packing will not be, accepted. Shipment Distance. Where manufarmrets have distributing points in various pans of the country, shipment is expected from the neatest distribution paint to destination, and excess fight will be, deducted tram Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all ram., prnnia, certificates and licats. reigned by ell applicable laws, regulations, ordinances and mles of the sale, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fan Collins homles, from and against all liability and loss incurred by them by reason of an usered or established violation of any such laws, regulations, ordinances, mla and regniremems. Autharimtian All parkex to this cannon agree that the rtprtunatives are, in fact, bona fide and possess full and complete authority to bid said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated herein set forth and any supplementary or additional tames and conditions amexed hereto or incriminated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejated. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make cnmplete shipment to amve on your premised delivery doe as noted. Time is of the essence. Delivery and performance must be ruled within the time sated on the purchase order and the docummts attached hereto. No was; of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In the event army delay, the Purchua shall have, in addition m other legal and equitable dandies, the option ofplating this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages to a result of delays due to causes not reanrubly Randall which are beyond its ..Me control and without its fault of negligence, such acts of Gad, aces of civil or military sutlmdties, governmental priorities fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the data of delivery shall be r.bWM far the Mond equn to the time actually lost by crown of the delay. 3. WARRANTY. The Seller warrants that all goads, maid., materials ad walk covered by this order will conform with applicable drawings, specifications, sample en Air other ddmptiom given, will be Ft for flak purposes intended, and performed with the highest degree of tare and compdmace in accordmce with accepted smdards for work of a imilar cmture. The Sell. agrees to hold the lerelessa harmless from any loss, damage or expense which the Purchaser nay suRn or incur on account of the Sellers breach of.tY. The Sella shift replan, repair m make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time m may be presented by law or by the nrrss of any applicable wammny provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fro imperfect M defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this ommm . Except as otherwise provided in this purchase order, the Sellers Liability hereunder shall extend to al I damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHAMABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The roadhouse, may make char as ro legal menu by wn.ma change We, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal reams, including additions to or deletians from the quamilid originally ordered in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time ofpaLormance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, ,Waste this agreement m to any or all portion of the goods then not shipped, subject to any equitable pdj.ament hmxen the panic in to any work or materials then in progress Provided that the Purtbutt shall ad be liable fro soy claims for anticipated pmfirs on the m rompldd Portion of the goods maker work, for incidental or eamequential damages, and that an such djuLssment be made in favor often Seller with r.pmno any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller fany of their Obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller wamants Out all goods sold hereuda shall have been maximal, mid delivered and famished in strict compliance with all applicable lows and regulations m which the goods are subject. The Seller shall coame mail deliver such classrooms at may be, required to effect or radatce compliance. All awx and regulations required to be ncamomted in agreements of this charade are hereby incorporated herein by this caraince. The Sella agree to indemnify and hold the Purchaser hmmless fro all doss and damage suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written conesrnt ofee other parry. 10. TITLE. The Sella wartann full, dear and mtesoictM fide m the purchase for all ryiiipmms, matenaH, ad it. famished in arrommems, of this agreament. free and at. of any and OR liens, resnidiom, reservations, served interest encumbrances and claims artichokes. 11. NONWAIVER. Failure of the Parchuer to insist upon strict performance of the terms and conditions hereof, failure or delay to any Walk or remedies provided herein or by law, failure to mpy protlnotify the Seller in the event of a breach, exacts, acceptance of or payment for goods hereunder Or approval of the design, shall not reline, the Seller of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the pmchaeer to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of what shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any purported oral modification or monition of this purchase order by the Purchaser operate u a waiver of any of the [error hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purcbuer recognise that in actual economic practice, overcharges resulting form antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and u consideration for executing this purchase order. the Sella hereby assigns to the Purchaser any and all claims it may now have or became, acquired under federal or state antitmst laws for such overcharges delmting to the particular goads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purelo er directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereadv holiest. its irmbilay Or unwillingness to comply, the Pwchu. may some the work to be performed by the must expeditious means available to it, and den Seller shall pay all casts resociatM with such work. The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed to he reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to rim any design, device, material or process covered by letter, porm, trademark r copyright the Sella shall indemnify and wve haamis the Purchaser Rom any and all claims for infringement by reason of the use of such p orded design, device, material or process in connection with the comma, end shall indemnify the Purchaser fir any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute inrngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purthuer the right to continue using mid equipment or pans, replace the same with substantially quad but noninfnnging equipment, or modify it so it becomes rwninfunging. IS. INSOLVENCY. If the Sella shall become insolvent or mad pt, make an assignment for the benefit of cnodimrs, appoint a near M trustee for any of the Sellers property or business, this order may forthwith be mnceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation of the agrounder and the rights of all parties hereunder shall be com eked under and governed by the laws ofthe Sae of Colomdo, USA. The fallowing Additional Caditiod apply only in cases where the Seller is to perform work baccoder, including the services of Sellers Repreumatice s), an the premise ofothers Il. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers ova risk until the same is fully completed and accepted, and shall, in rose of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Pummear. When materials and quipmrnt are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become respansiblr therefor as though such materials and/or equipment were being( --shed by the Sella under the order. 18. INSURANCE. The Sella shall, at his awn expense, provide bright payment of workers compegsation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, ankor to theh dependents in secofdmce with the laws of the state in which the work is m be done. The Sella shall also carry comprehensive general liability including, but not limited to, .activated and automobile public liability insurance with bodily injury and death limns of al )east $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S4Rd,000. The Seller shell likewise require his contractors, if any, to provide for such compensation and iuumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall famish the Purchaser with a certificate that such compensation anal immune have been provided Such renificaes shall specify the date when such ompatsation and commence have barn provided Such anifiwtn shall specify the date what such comprnsation and insurance expires. The Seller agrees dot such compensation ad commerce shall be, maintained until after the entire work is mmpletM and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby notorious the entire responsibility and liability fro any and all damage, lass or injury ofeny kind or nature whatsoever to persons or property caused by or resulting from the execution ofhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Enrichment Officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or mditeoL ad whether to persons or property to which the purchaser may be put or mbject by reason of any act action, neglect, omission or default on the pan of the Sella, my of his onducted, or any of the Sellers or contradow officers. s dw or employees. In case any suit or other proceedings shall be brought agaiul the Purchaser, or is officers, agents or employees at any time on accowt or by noun. of any pick, setioq neglect, adssm. or default Of the Sella of any of his cumraclors or any of its or Neu ottice., agents or employes as aforemid, the Sella hereby agrees to woome the defense thcteof ad to defend the mute at the Sellers own expense, to pay any ad all costs, .larger, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or obtained against the property of the Purchaer, or said pmiu in or as a result of arch suits or other proceedings, the Seller will at once rouse the same m be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all mfery prvactiou, f ish and mucall all guard nm.mry for the previous. of accidents, comply with all laws ad regulations with regard to safety including, but without limimmor, the Occupational Safety and Hwlth Act of 1970 and all rules and regulations issued pursuant thcreeo. Revised 07n014